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MAYKUTH v. EATON

No. 83-369.

687 P.2d 726 (1984)

Gerald MAYKUTH, Plaintiff and Respondent, v. Edward EATON, Defendant and Appellant.

Supreme Court of Montana.

Decided September 20, 1984.

Attorney(s) appearing for the Case

P. Keith Keller, Keller, Reynolds, Drake, Sternhagen & Johnson, Helena, for defendant and appellant.

Leaphart Law Firm, Helena, for plaintiff and respondent.

SHEA, Justice.

Defendant, Edward Eaton, appeals an order of the Lewis and Clark County District Court granting a new trial to the plaintiff, Gerald Maykuth. In a personal injury action, the jury found defendant Eaton liable, and awarded $2,000.00 in damages to the plaintiff. Plaintiff moved for a new trial on the ground of inadequacy of damages and the trial court granted the motion. In dissecting the jury award, the trial court determined that the jury had awarded...

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